Introduction
The Research Centre at the Office of the Chief State Law Advisor (International Law) in South Africa offers access to an extensive array of online legal databases, including Sabinet, Juta Online Publications, HeinOnline, and the Southern African Legal Information Institute (SAFLII). The resources provide a comprehensive collection of legal materials, such as journal articles, court judgments, legislative acts, and government gazettes, which are vital for the operational needs of State Law Advisors. Despite the availability of extensive resources, evidence indicates that online legal databases are frequently underutilized in governmental legal contexts.Footnote 1
Studies show that the underutilization of online databases in legal institutions is often associated with factors including a lack of user awareness, inadequate training, and limited technological proficiency. A study by Leonard et al. indicated that law academics at the University of Namibia recognized electronic resources; however, their usage was impeded by inconsistent training, bandwidth issues, and inadequate searching skills.Footnote 2 Amedu found that perceived ease of use and perceived usefulness significantly impacted the behavioral intention to utilize online library resources among postgraduate students.Footnote 3 Studies indicate that legal professionals frequently encounter difficulties in utilizing digital platforms for legal research, attributed to insufficient infrastructure and limited assistance from information professionals. Amedu highlighted that social influence and self-efficacy are essential factors in the utilization of online library resources. The study observed that certain senior advocates encountered challenges in accessing e-resources, attributed to insufficient IT knowledge and restricted access to computers.Footnote 4
The current literature indicates that studies on the use of online legal databases primarily concentrate on academic environments, specifically addressing lecturers, students, research scholars, and academic staff, rather than legal professionals in governmental advisory positions.Footnote 5 , Footnote 6 , Footnote 7 This gap indicates a necessity for additional research into the particular barriers and challenges encountered by legal professionals within governmental institutions regarding access to and utilization of online legal databases. This study sought to investigate the factors that contribute to the underutilization of online databases by State Law Advisors in the Department of International Relations and Cooperation (DIRCO). The objective was to identify barriers to effective usage and offer recommendations for optimizing access to legal information within government legal advisory contexts. This research aimed to elucidate how legal professionals in governmental settings can optimize the use of online databases to improve legal research and advisory capabilities.
Contextual Setting
DIRCO is headquartered at the OR Tambo Building in Rietondale, Pretoria, Gauteng Province. DIRCO’s mission is to formulate, coordinate, implement, and manage South Africa’s foreign policy and international relations programs.Footnote 8 It aims to promote South Africa’s national interests and values, as well as the African Renaissance, through strategic priorities achieved via bilateral and multilateral interactions; conducting and coordinating South Africa’s international relations while promoting its foreign policy objectives; and monitoring international developments and advising the government on foreign policy and related domestic matters, thus safeguarding South Africa’s sovereignty and territorial integrity. The section’s role is to provide legal advice and input to the South African government on international law, ensuring that international agreements align with international law and South Africa’s obligations. Additionally, it offers legal advice and input to all missions abroad, particularly concerning departmental matters and policy within the domestic context.Footnote 9
The Research Centre in the Office of the Chief State Law Advisor (International Law) at DIRCO serves as a specialized library and information service. It maintains an extensive collection of online legal databases and physical law resources, including books and journals, and offers updated information services on both domestic and international law to State Law Advisors. State Law Advisors associated with this office are responsible for drafting, reviewing, and certifying international agreements. The organization provides legal opinions on matters of international law and assesses the legality of South Africa’s international commitments. These responsibilities necessitate access to current and comprehensive legal information to ensure accuracy and compliance. Online legal databases serve as primary resources for accessing international treaties, case law, and legislative documents, which are essential for informed legal decision-making.Footnote 10 , Footnote 11
Although these online legal platforms are accessible, research indicates that various challenges hinder their effective utilization by State Law Advisors. Obstacles include restricted after-hours access, significant reliance on librarians for database retrieval, limited mobile optimization, and inadequate comprehension of advanced search functionalities.Footnote 12 , Footnote 13 The identified limitations may undermine the efficiency of legal research and obstruct timely access to essential legal information, which is crucial for facilitating South Africa’s international obligations. Improvements in database accessibility, user training, and resource availability are recommended to address these challenges. Improving these areas would optimize DIRCO’s legal advisory capabilities and ensure that South Africa’s foreign policy engagements are based on strong and legally sound frameworks.Footnote 14 , Footnote 15 The enhancements are essential for bolstering the legal integrity of South Africa’s international relations and enhancing the capacity of State Law Advisors to fulfill their mandates effectively.
Problem Statement
The underutilization of online legal databases at the Research Centre of the Office of the Chief State Law Advisor (International Law) in South Africa constitutes a notable challenge. Despite the presence of extensive digital resources like Sabinet, Juta Online Publications, HeinOnline, and SAFLII, numerous users fail to utilize these tools to their full potential. The underutilization may arise from factors such as insufficient promotion of these databases, limited computer literacy, and inadequate technical skills among users.Footnote 16
Observations conducted over a two-year period indicated that certain databases, specifically African Online Journals, the Protection of Personal Information (Act 4 of 2013) repository, and Butterworths Forms and Precedents, were infrequently accessed.Footnote 17 , Footnote 18 Service providers’ usage reports supported these findings, showing limited engagement with these resources during the designated period. This trend highlights issues regarding the efficacy of existing awareness and training programs designed to promote these databases to end users. The need to reevaluate user awareness and engagement strategies is emphasized by research indicating comparable challenges in different contexts. Leonard, Hamutumwa, and Mnubi-Mchombu identified that law academics at the University of Namibia encountered obstacles, including irregular training and limited search skills, which hindered the effective utilization of electronic resources.Footnote 19 Amedu highlighted that perceived ease of use and perceived usefulness are significant factors influencing the behavioral intention to utilize online library resources among postgraduate students.Footnote 20
Modiba and Boloka observed that in South Africa, government law libraries possess both physical and electronic resources; however, their utilization is restricted, frequently attributed to outdated materials and insufficient awareness among legal practitioners.Footnote 21 A survey conducted by Kumar and Banateppanavar identified that legal professionals face challenges, including inadequate internet connectivity and restricted access to computers, which impede the effective use of digital resources.Footnote 22 Addressing these issues is essential for improving the efficiency and efficacy of legal research and advisory functions in governmental contexts. Identifying and mitigating barriers to the utilization of online legal databases will enable the Research Centre to enhance support for State Law Advisors in accessing timely and accurate legal information.
Purpose of the Study
The purpose of this study was to investigate the underutilization of online legal databases by State Law Advisors within South Africa’s Department of International Relations and Cooperation (DIRCO). The study sought to provide actionable recommendations to enhance the utilization of online legal databases, thereby improving the efficiency and efficacy of legal research and advisory functions within governmental legal settings.
Objectives of the Study
Based on the overall purpose, the objectives of the study were the following:
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• To assess the extent to which the Research Centre promotes awareness of its subscribed online legal databases among State Law Advisors;
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• To identify the specific challenges State Law Advisors encounter when independently accessing and utilizing these databases;
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• To evaluate the user-friendliness of the online legal databases provided by the Research Centre; and
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• To determine whether State Law Advisors prefer alternative online legal databases over those currently subscribed to by the Research Centre.
Literature Review
This literature review examines the utilization of online legal databases within special libraries, focusing on four key areas: awareness of subscribed databases, challenges in accessing and utilizing these resources, evaluation of their user-friendliness, and preferences for alternative online legal databases. The review encompasses perspectives from international, African, and South African contexts.
Awareness of Subscribed Online Legal Databases
The awareness and utilization of online legal databases have been notably impacted by initiatives like the Free Access to Law Movement (FALM), which promotes free online access to legal information. Organizations like the Legal Information Institute (LII) at Cornell Law School have significantly contributed to providing free access to legal resources, thereby enhancing knowledge among legal practitioners and the public.Footnote 23 In Africa, institutions like the African Legal Information Institute (AfricanLII) have played a crucial role in improving knowledge and access to legal information throughout the continent. Obstacles, including inadequate infrastructure and financing, continue to impede widespread awareness and utilization.Footnote 24 In South Africa, government law libraries have played a crucial role in enhancing awareness of online legal resources. Modiba and Boloka conducted a study indicating that legal practitioners extensively utilize electronic resources such as Sabinet, Juta Online Publications, LexisNexis, Westlaw, HeinOnline, and SAFLII for legal research, highlighting their considerable knowledge of and reliance on these databases.Footnote 25
Challenges in Accessing and Utilizing Online Legal Databases
Accessing online legal databases presents challenges primarily due to subscription costs, licensing restrictions, and the necessity for ongoing training to adapt to evolving platforms. In African nations, challenges including insufficient funding, restricted technological infrastructure, and a shortage of skilled personnel impede the effective use of online legal databases. A survey of law libraries in Rwanda identified challenges such as inadequate funding for subscriptions and a lack of expertise among library staff in accessing online legal materials.Footnote 26 Modiba and Boloka noted that while electronic resources offer greater accuracy and up-to-date information, government law libraries in South Africa often rely on outdated physical collections, which hinders the effectiveness of comprehensive legal research.Footnote 27
Evaluating the User-Friendliness of Online Legal Databases
The user-friendliness of online legal databases significantly impacts their adoption rates. Studies highlight the significance of intuitive interfaces and effective search functionalities in improving user experience.Footnote 28 The user-friendliness of online legal databases is frequently undermined by inconsistent user interfaces and insufficient localized content, which complicate navigation and information retrieval for users.Footnote 29 Legal professionals in South Africa benefit from platforms such as Sabinet Judgments, which provides a comprehensive database of judgments along with advanced search functionalities.Footnote 30 Continuous training is essential for users to navigate these platforms effectively.
Preferences for Alternative Online Legal Databases
Legal professionals often seek databases that provide extensive coverage, user-friendly access, and affordability. Open-access platforms are increasingly favored for their ease of access and cost-effectiveness.Footnote 31 There is a tendency to favor databases that offer complimentary or affordable access to legal information. Platforms such as AfricanLII are favored due to their comprehensive collection of African legal resources.Footnote 32 Legal professionals in South Africa demonstrate a strong inclination towards databases that provide thorough and current legal information. Platforms such as SAFLII and Sabinet are preferred due to their comprehensive collections and intuitive interfaces.Footnote 33
Theoretical Framework
The study was based on the foundational concepts of information-seeking behavior and information needs, especially in relation to legal practitioners working in specialized library settings. This theoretical framework plays a crucial role in elucidating the processes through which State Law Advisors identify, access, and utilize information resources to meet their professional information needs. Du Plooy-Cilliers, Davis, and Bezuidenhout highlighted that the behavior associated with seeking information involves the various strategies and actions that individuals utilize to find information that meets their needs.Footnote 34 The behaviors exhibited are shaped by a multitude of factors, such as the individual’s position, the intricacy of the information requirement, and the information systems that are accessible. Within the framework of this research, it is essential for State Law Advisors to obtain timely and precise legal information to deliver well-founded legal counsel, thereby highlighting the need for effective information-seeking methodologies.
This study employed Ellis’s model of information-seeking behavior to provide a deeper understanding of the information-seeking processes utilized by legal professionals. Ellis’s model delineates several fundamental activities that define the information-seeking process: starting (initiating the search), chaining (following references), browsing (scanning information sources), differentiating (filtering relevant information), monitoring (keeping abreast of developments), and extracting (systematically engaging with sources).Footnote 35 These activities establish a thorough framework for examining the interactions of State Law Advisors with both digital and physical legal information resources. The utilization of Ellis’s model is especially relevant, considering the diverse information requirements of State Law Advisors who are tasked with maneuvering through a complicated legal framework that includes domestic legislation, case law, government gazettes, and international legal resources. The study sought to identify patterns, challenges, and areas for improvement in the utilization of online legal databases offered by the Research Centre by mapping the information-seeking behavior of these professionals onto Ellis’s model.
Research Methodology
The study utilized a qualitative design to explore the use of online legal databases by State Law Advisors in DIRCO. A qualitative approach is appropriate for examining complex phenomena within contexts, facilitating a comprehensive understanding of participants’ experiences and perspectives.Footnote 36 , Footnote 37 This method enables the examination of behavior, motivations, and challenges related to information-seeking practices among legal professionals.
A purposive sampling technique was employed to select participants possessing relevant expertise and experience that corresponded with the research objectives.Footnote 38 The sample consisted of seven State Law Advisors selected from DIRCO’s functional list. All identified Advisors were invited to participate, thereby ensuring a diversity of perspectives regarding the utilization of online legal databases. Data collection involved semi-structured interviews, which combined structured questions with the flexibility to investigate emerging themes.Footnote 39 The interview schedule included open-ended questions structured into thematic sections aligned with the study’s objectives. This structure facilitated the sharing of participants’ experiences and challenges in accessing and utilizing online legal databases, yielding substantial qualitative data for analysis.
Interviews were conducted in person at DIRCO facilities to maintain confidentiality and promote candid discussion. Each session had a duration of approximately forty-five to sixty minutes and was audio-recorded with the participants’ consent. Field notes were recorded to document non-verbal cues and contextual observations. The data collection process followed ethical research standards, encompassing informed consent, voluntary participation, and the right to withdraw at any point.Footnote 40 Thematic analysis was utilized to identify, analyze, and report patterns within the data.Footnote 41 The process included data familiarization, coding, theme development, and the production of a final report. NVivo software facilitated the systematic organization and management of data throughout the analysis process. The study received ethical clearance from the Research Ethics Committee of the University of South Africa. Participants were provided with comprehensive information regarding the study’s objectives, methodologies, and their rights, encompassing aspects of confidentiality and anonymity. Informed consent was obtained prior to participation. Data were securely stored and accessed exclusively for research purposes, ensuring adherence to data protection regulations.
Findings and Discussion
This study primarily aimed to evaluate the use and satisfaction levels associated with online legal databases accessible at the Research Centre for State Law Advisors, located within DIRCO. Data were gathered using a structured interview schedule, focusing on State Law Advisors with expertise in international law. The participants, primarily male, possessed advanced legal qualifications, such as a Bachelor of Laws (LLB) and Master of Laws (LLM), and were recognized as attorneys. A significant number possessed previous experience in legal practice in law firms and various governmental agencies before assuming their current positions at DIRCO.
Awareness of Subscribed Online Legal Databases
The study found that all participating State Law Advisors were generally satisfied with the range of online legal databases available at the Research Centre. These databases were deemed effective for meeting their information needs and facilitating efficient information-seeking practices. As international law specialists, participants highlighted that the databases were instrumental in providing timely access to legal information, particularly when preparing legal advice or responding to matters involving South African government policies and international law. One participant mentioned, “The databases are essential for me; I can access international law precedents quickly, which is crucial when advising on cross-border agreements.” This finding aligns with Bilson, Tandoh, and Torto, who emphasized the importance of database awareness for effective legal research in governmental settings.Footnote 42
Furthermore, participants suggested that the Research Centre should consider enhancing database access by installing dedicated computers for library users. This would allow them to log in to the databases even during after-hours or late-night work sessions when librarians are not available. Another State Law Advisor added, “There are times when I need to work late, and not having access to these resources can delay my work. Having standalone access would be ideal.” Additionally, participants recommended the inclusion of more specialized databases aligned with their diverse areas of international law, reflecting similar findings by Sanni and Tunmibi, who noted the need for specialized resources to support legal practitioners in various fields.Footnote 43
The study’s findings are consistent with global trends, as initiatives like FALM and platforms such as LII have been successful in increasing awareness of online legal resources.Footnote 44 In Africa, AfricanLII has played a significant role in boosting accessibility to legal materials, although limitations in infrastructure continue to pose challenges.Footnote 45 AfricanLII observed that South African legal professionals rely heavily on platforms like Sabinet, Juta, and LexisNexis, reflecting a high degree of awareness and dependency on these tools.Footnote 46
Challenges in Accessing and Utilizing Online Legal Databases
The study identified significant challenges in accessing online legal databases, particularly when State Law Advisors are traveling for international seminars, conferences, and summits. Participants reported that they were unable to access these databases on their work laptops while abroad, forcing them to rely on librarians for information retrieval. One participant explained, “When I am traveling for a conference, it becomes very challenging to access what I need without waiting for the librarian. This is even worse when I am in a different time zone.” This dependency posed significant issues when traveling to countries with different time zones, leading to delays in accessing critical information.
The challenges identified in this study are mirrored in international and African contexts. In Rwanda, law libraries have reported similar obstacles, such as limited funding for subscriptions and a lack of expertise among staff about database navigation.Footnote 47 Modiba and Boloka observed that although South African government law libraries provide access to electronic resources, outdated physical collections continue to hinder comprehensive legal research.Footnote 48
Evaluating User-Friendliness of Online Legal Databases
User-friendliness emerged as a critical factor influencing the effective use of online legal databases. Participants expressed satisfaction with the usability of platforms such as Sabinet and Juta but suggested improvements in search functionalities to enhance efficiency. One participant noted, “The database is good, but sometimes finding specific case law takes more time than it should. Improved search features would make a big difference.” This aligns with Mäntysaari, who emphasized the importance of intuitive interfaces for enhancing user experience.Footnote 49 South African platforms like Sabinet Judgments have been highlighted for their robust search functionalities,Footnote 50 although there remains a need for continuous training to optimize user engagement.
Preferences for Alternative Online Legal Databases
The study revealed that participants expressed a preference for online legal databases over physical law collections for information retrieval. They cited the speed and convenience of digital platforms as significant advantages, particularly when working from home or remotely. One participant noted, “I can get what I need almost instantly; it saves time and allows me to focus on drafting legal opinions.” This preference mirrors the findings of Atinmo and Amusa, who found that legal practitioners increasingly favor digital sources for their accessibility and real-time updates.Footnote 51 However, participants also acknowledged the enduring value of physical legal texts for deep analysis. “Sometimes, going through a physical book gives you a perspective you can’t get online,” one Advisor remarked. This dual preference aligns with international trends where hybrid access to both digital and physical resources is encouraged.Footnote 52 , Footnote 53
Recommendations
Based on the findings of this study, the following recommendations are proposed to enhance the utilization, accessibility, and satisfaction of online legal databases for State Law Advisors within DIRCO:
Enhancing Awareness of Subscribed Online Legal Databases
The study revealed that while State Law Advisors expressed overall satisfaction with the usability of platforms like Sabinet and Juta, there were notable gaps in accessibility and awareness. Therefore, the study recommends the following:
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• It is recommended that the Research Centre install dedicated workstations for accessing online legal databases. These should be available during after-hours and weekends to accommodate State Law Advisors who may require access outside of standard working hours.
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• The Research Centre should expand its subscriptions to include more specialized databases aligned with international law fields. This would ensure that Advisors have comprehensive access to resources relevant to their areas of expertise, enhancing the quality of legal advice and research.
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• Regular training workshops should be conducted to improve familiarity with existing online legal databases. This would ensure State Law Advisors are well informed about the features and capabilities of each platform, enhancing their information-seeking efficiency.
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• To support independent research, the Research Centre should consider increasing the number of licences for online legal databases. This would allow State Law Advisors to access the information directly without depending on librarians, particularly during after-hours.
Addressing Challenges in Accessing and Utilizing Online Legal Databases
The study revealed that State Law Advisors often face significant challenges in accessing online legal databases, particularly when librarians are unavailable or when they are traveling internationally. Therefore, the study recommends the following:
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• To eliminate reliance on librarians during international travel periods, individual login credentials should be provided to State Law Advisors. This would enable them to access legal databases independently from any global location.
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• Enhancing database platforms to support mobile access would allow State Law Advisors to retrieve legal information seamlessly using tablets and smartphones.
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• Implementing cloud-based solutions that adjust for different time zones would ensure real-time access to information regardless of geographical location.
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• The Research Centre should place at least two dedicated computers in the study area with full access to online legal databases. Individual login credentials should be provided, ensuring that State Law Advisors can access critical legal information even after office hours when librarians are unavailable.
Improving User-Friendliness of Online Legal Databases
The study revealed that while online legal databases like Sabinet and Juta were generally perceived as useful by State Law Advisors, there were significant concerns about their ease of use and navigation efficiency. Therefore, the study recommends the following:
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• It is recommended that the Research Centre collaborate with database service providers to improve search algorithms, making it easier to locate specific legal cases and statutes efficiently.
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• Regular updates to the user interface should be considered to ensure that navigation remains intuitive and user-friendly. This will reduce the time spent searching for legal information.
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• The Research Centre should conduct user-focused training sessions aimed at improving search skills and familiarizing legal professionals with advanced features of the platforms.
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• The Research Centre should implement a feedback loop where the State Law Advisors can report issues or suggest improvements to database interfaces, contributing to ongoing optimization.
Enhancing Preferences for Alternative Online Legal Databases
The study revealed that while State Law Advisors appreciated the convenience of online legal databases, there remained a strong preference for access to both digital and physical legal resources. Therefore, the study recommends the following:
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• To support comprehensive legal research, the Research Centre should maintain both digital and physical legal resources. This would cater to both the need for quick online retrieval and the depth of analysis provided by physical texts.
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• Regular updates and system maintenance should be prioritized to ensure that the databases reflect the latest legal developments and international law changes.
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• The Research Centre should facilitate regular workshops to demonstrate the effective use of both digital and physical legal resources. This would empower State Law Advisors to optimize their research capabilities.
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• It is recommended that the Research Centre establish a structured monitoring process to assess how frequently online legal databases are accessed and utilized. This data would inform future decisions on subscription renewals and highlight areas where user training may be required.
Conclusion
The study examined the utilization, accessibility, and user-friendliness of online legal databases used by the State Law Advisors at DIRCO. It was discovered that although Sabinet and Juta are valuable platforms, their efficient use is hampered by problems like restricted access after office hours, dependence on librarians, subpar mobile optimization, and a lack of knowledge about advanced features. The study suggested installing specialized workstations, increasing database subscriptions, granting cloud-based access, and providing focused training to improve search skills as ways to overcome these obstacles. To increase research efficiency, it also emphasized the necessity of both digital and physical legal resources, frequent system updates, and organized monitoring. By putting these tactics into practice, DIRCO’s Research Centre would become a leader in comprehensive and approachable legal information services, improving legal research and expediting access.
